Canadian Supreme Court upholds key copyright decision

The Candian Supreme Court has just made an important ruling that Canadian publishers may not reproduce freelance work in online or CD contest without further compensation.

The Toronto Globe and Mail as Thompson Publishers is to contest this ruling.

Dave

http://www.theglobeandmail.com/servlet/story/RTGAM.20061012.wsupcourt1012/BNStory/National/

This is a 10 year old case and largely irrelevant now. In 1996 the idea of an electronic, public database; such as the internet, was not widely known or in use. Publishers and others, at that time, had not really considered the ramifications of an electronic, searchable database or that their rights might be limited to first-run, print only. With the explosion of electronic media and the proliferation of electronic versions of print newspapers contracts now include provision for both print and electronic rights. The $50 million sought by the complainant on behalf of the class will likely be settled for much, much less. The Court also made a definitive distinction between an electronic database (the internet) and CDs. The right of publishers to include freelance pieces on CDs without further compensation was upheld. When you consider that a similar case in the U.S. was settled for under $20 million, the $50 million being sought in this case is outright ridiculous.

This was an interesting case from a legal perspective; however. The Court had already heard the case and reserved judgment until their newest 9th member was appointed earlier this year. This may be the only time (or one of very few times) the Court has reheard a case. In addition, this was not an appeal to a case decided at trial. This was an appeal to a pre-trial motion that had been decided in a lower court. Hearing an issue based on a pre-trial motion is very unusual for the Court.